Westfield Terms of Use - End User Agreement for Quick Estimate

Effective Date: March 1, 2021

PLEASE READ THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT (THE “AGREEMENT”) CAREFULLY. IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.

QUICK ESTIMATE IS OFFERED AND HOSTED BY WESTFIELD’S SERVICE PROVIDER, CCC INFORMATION SERVICES INC. (“CCC”). THERE IS NO REQUIREMENT TO SUBMIT PHOTOGRAPHS OR VIDEOS IN ORDER TO OBTAIN AN APPRAISAL. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE WESTFIELD QUICK ESTIMATE MOBILE APPLICATION, INCLUDING ANY DOCUMENTATION, FUNCTIONALITY AND SERVICES OFFERED ON OR THROUGH QUICK ESTIMATE (COLLECTIVELY, “QUICK ESTIMATE”), YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF QUICK ESTIMATE. YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THIS AGREEMENT, YOU MUST IMMEDIATELY UNINSTALL QUICK ESTIMATE AND/OR DISCONTINUE ITS USE. CONTINUED USE OF QUICK ESTIMATE SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.

Westfield is a trade name and a registered trademark of the Ohio Farmers Insurance Company and its subsidiary insurance companies and affiliate companies, providing insurance and related services. (collectively herein, “Westfield”, “we”, “our”, or “us”).

Quick Estimate is designed to allow individuals to take photographs and videos of their damaged vehicles, upload those photographs and videos (along with additional information) to the insurance carriers that are handling their claims, and receive information relating to their damaged vehicles, such as vehicle damage repair estimates from the insurance carriers (and their service providers). In addition, Quick Estimate is designed to allow individuals to utilize video for live communications with representatives of an insurance carrier, and to allow individuals and representatives of the insurance carrier to record and transmit to the insurance carrier or its representatives photographs and videos of the individual’s damaged vehicle(s). All use of Quick Estimate for any other purpose is strictly prohibited.

Please limit your submissions to the following: (a) a photograph of your current odometer reading; (b) a photograph of your Vehicle Identification Number (“VIN”); (c) photograph(s) and/or video(s) of the damage to your vehicle; (d) a brief text description of the damage to your vehicle and (e) your vehicle’s option information. Please do not include any personal information about you, or any other person, in the photographs, videos or text you submit to Quick Estimate. Everything you submit to Quick Estimate will be shared, unedited, with insurance carriers and other parties, as described in our Privacy Promise and this Agreement.

Incorporation of Related Terms and Third Party Content

Quick Estimate may be used on Apple iPhone® mobile phone devices and AndroidTM mobile phone devices (each, a “Device”). You are responsible for paying for all rates and charges in connection with using the Devices.

Third party content may be made available to you in connection with Quick Estimate (the “Third Party Content”). All statements and/or opinions expressed in the Third Party Content are solely the opinions and responsibility of the person or entity providing those materials. Neither Westfield nor CCC endorses such third party services or the Third Party Content and does not and cannot pre-screen or monitor Third Party Content. Neither Westfield nor CCC shall be liable for any products, services or the Third Party Content or the accuracy of any such products, services, or the Third Party Content.

You acknowledge and agree that different terms of use and privacy policies may apply to your use of the Devices and the Third Party Content (the “Third Party Terms”). This Agreement does not apply to any other web service operated and/or owned by Westfield or any other entity, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third-party identified on Quick Estimate. Should any provisions in the Third Party Terms conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement will control, solely to the extent such provisions apply to Quick Estimate.

Privacy Promise

All information Westfield collects from Quick Estimate is subject to the Westfield’s Privacy Promise, the location and terms of which may be changed from time to time. You can access the Westfield Privacy Promise at https://www.westfieldinsurance.com/privacy-promise. By using Quick Estimate, you acknowledge that you have read and understood the Privacy Promise. You explicitly consent to Westfield sharing with CCC any User Information (as defined herein) and User-Generated Content (as defined herein), as well as CCC sharing with Westfield any User Information and User-Generated Content.  This sharing of User Information and User-Generated Content with CCC is necessary to complete and improve the services you have requested from Westfield by using Quick Estimate.

 

If you are a resident of the United States (including its possessions and territories), by accepting this Agreement you are agreeing to the Arbitration Agreement and class action waiver described herein to resolve any disputes with Westfield or CCC (except for matters that may be taken to small claims court).

Quick Estimate uses cookies, identifiers for mobile devices (e.g., Android Advertising Identifier or Advertising Identifier for iOS), and similar technology to collect data. Information about Westfield’s use of cookies and Internet tracking is set forth in the Westfield Privacy Promise. By using Quick Estimate, you consent to the storing and accessing of cookies or other information on your device where such activity occurs in connection with Quick Estimate.

Quick Estimate uses Google Analytics or Google Firebase. For more information on how Google may use your data as part of those products, please go to www.google.com/policies/privacy/partners/.

CCC Content

As part of Quick Estimate, you may be provided with content developed by CCC or its licensors (collectively, “CCC Content”). CCC reserves the right to disable or remove any CCC Content for any reason at any time without notice to you.

License

Subject to this Agreement, Westfield grants you a limited, non-exclusive, non- transferable, non-sublicensable and revocable license to use Quick Estimate solely for your personal, non-commercial use and only on a Device that is owned or controlled by you as permitted under the applicable Apple or Google terms and conditions and in accordance with this Agreement. In addition, Westfield grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the CCC Content solely for your personal, non-commercial use in connection with Quick Estimate.

This Agreement also governs any updates to or supplements or replacements for Quick Estimate and the CCC Content, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

You may not (a) remove any copyright, trademark, or other proprietary notices from any portion of Quick Estimate or the CCC Content; (b) reproduce, modify, create derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, transmit, stream, republish, broadcast, or otherwise exploit Quick Estimate or the CCC Content except as set forth in this Agreement; (c) decompile, reverse engineer, or disassemble Quick Estimate or the CCC Content; or (d) link to, mirror, or frame any portion of Quick Estimate or the CCC Content.

Any use of Quick Estimate and the CCC Content not specifically permitted under this Agreement is strictly prohibited.

Intellectual Property Rights and Feedback

All right, title, and interest (including all copyrights, patents, patent rights, trade secrets, trademarks, service marks, trade names, moral rights, and other intellectual property and proprietary rights) in Quick Estimate and the CCC Content (including any modification, translation, or adaptation thereof and any other improvement or development thereto or based thereon that is suggested by you (the “Feedback”)) are and shall remain the sole and exclusive property of CCC or its licensors.

You acknowledge and agree that (a) the Feedback does not contain confidential or proprietary information of third parties; (b) neither Westfield nor CCC is under any obligation of confidentiality regarding the Feedback (express or implied); (c) Westfield or CCC may have something similar to the Feedback; (d) neither Westfield nor CCC is under any obligation to use the Feedback; and (e) Westfield and CCC may use, distribute, exploit, assign, and further develop and modify the Feedback for any purpose, and you shall not be entitled to any compensation of any kind. To the extent that any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant Westfield and CCC a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sub-licensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. You irrevocably release Westfield and CCC from any and all liability and claims that may result from or are related to the rights in the Feedback. No right, title, or interest in or to Quick Estimate, the Third Party Content or CCC Content is transferred to you, and all rights not expressly granted are reserved by Westfield and CCC.

User Account, Password and Security

To the extent that a user account is created by you to access or to use any of Quick Estimate (“User Account”), the following will apply:

User Account.  To access certain features, Third Party Content, CCC Content, and/or User-Generated Content available through Quick Estimate, we may require that you sign up using your email address and a password to create a User Account. If you do not create a User Account, you may not have access to certain functionality of Quick Estimate. We use reasonable precautions to protect the privacy of your username, password, and User Account information. However, you are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties. You are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (a) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (b) ensure that you exit from your User Account at the end of each session; and (c) secure any device on which you store where your User Account information. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.

Accurate Information. In creating and using your User Account, you agree to: (a) provide true, accurate, current, and complete information about yourself on any registration form required for Quick Estimate, including, but not limited to, your full name, email address, and zip code; and (b) maintain and promptly update such data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account. We reserve the right to take additional action per the terms of the insurance policy or as prescribed by regulation or law.

Non-Transferability of User Account. Access to and use of password protected or secure areas of Quick Estimate are restricted to authorized persons using a User Account. Any user who accesses or attempts to access such areas without authorization may be subject to prosecution. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing Quick Estimate with his or her username and password. We are entitled to act on all instructions received by anyone using your User Account, and you agree that you are solely responsible for any activity that occurs under your User Account.

Account Deactivation. We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (a) you request such deactivation; (b) you are deceased; (c) you do not respond to repeated communication attempts regarding the status of your User Account; (d) you fail to make payments related to your User Account (if applicable); (e) you reside in or relocate to a state or country where use of a User Account is prohibited under applicable law; or (f) you act in a fraudulent or an inappropriate manner while using the User Account.

User Information

By acknowledging and consenting to this Agreement, or by downloading, installing or using Quick Estimate, you agree that Westfield and CCC, their respective affiliates, insurance carrier customers, agents, third party partners, and successors, may use, process, maintain, share, and/or transmit the information you provide through your use of Quick Estimate, including your personal information (as used in the Privacy Promise) (collectively, “User Information”), for the purposes disclosed in this Agreement and the Privacy Promise.

You further agree to immediately notify Westfield of any suspected unauthorized transactions associated with Quick Estimate or any other breach of security. Neither Westfield nor CCC shall be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to Quick Estimate. You are solely responsible for taking precautionary steps to protect User Information.

User-Generated Content

You may generate content, written or otherwise, while using Quick Estimate (“User-Generated Content”). User-Generated Content includes, but is not limited to, any communications, images, photos, videos, sounds, and all the material, data, and information that you upload or transmit through Quick Estimate. You acknowledge and agree that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Westfield and CCC (for example, in product marketing campaigns). You grant Westfield and CCC, including their respective affiliates, insurance carrier customers, agents, third party partners, and successors, a worldwide, irrevocable, transferrable, sub-licensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, store, and prepare derivative works from and exploit, in whole or part, the User-Generated Information in any manner or any medium now known or hereafter devised.

Prohibited Uses

You may use Quick Estimate and the CCC Content only for lawful purposes and in accordance with this Agreement. Quick Estimate and the CCC Content shall not be used in any way that:

1. Violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
2. Harasses, abuses, stalks, threatens, defames, or violates the rights of any other party (including, but not limited to, rights of publicity or other proprietary rights).
3. Is in violation of this Agreement or for fraudulent or deceptive purposes.
4. Attempts to gain unauthorized access to Westfield’s or CCC’s user accounts.
5. Could disable, overburden, damage, or impair Westfield or CCC’s services or networks or interfere with any other party’s use of Quick Estimate, including another party’s ability to engage in real time activities through Quick Estimate.
6. Uses any robot, spider, or other automatic device, process, or means to access Quick Estimate for any purpose, including monitoring or copying any of the material on Quick Estimate.
7. Uses any manual process to monitor or copy any of the material on Quick Estimate or for any other unauthorized purpose without Westfield’s prior written consent.
8. Uses any device, software or routine that interferes with the proper working of Quick Estimate.
9. Introduces any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
10. Attempts to gain unauthorized access to, interfere with, damage, or disrupt any parts of Quick Estimate, the server on which Quick Estimate is stored, or any server, computer, or database connected to Quick Estimate.
11. Attacks Quick Estimate via a denial-of-service attack or a distributed denial-of-service attack.
12. Otherwise attempts to interfere with the proper working of Quick Estimate.
13. Fails to comply with applicable Third Party Terms.

Termination

Westfield may, in its sole discretion, terminate this Agreement and/or remove the Third Party Content and/or the CCC Content at any time and for any reason. Upon termination, the rights and licenses granted to you, including your ability to access and use Quick Estimate, will immediately terminate, and you shall immediately terminate your use of and access to Quick Estimate, the Third Party Content, and the CCC Content.

Geographic Restriction

Westfield provides Quick Estimate for use only by persons located in the United States.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use Quick Estimate. If you are accessing Quick Estimate on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Quick Estimate and any updates thereto. Westfield does not guarantee that Quick Estimate, or any portion thereof, will function on any particular hardware or devices. In addition, all Quick Estimate may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Indemnification

You agree to indemnify and hold harmless Westfield and CCC, their respective affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of Quick Estimate, including, but not limited to, any use of the CCC Content, the Third Party Content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from Quick Estimate.

No Warranties

When using Quick Estimate, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Third Party Content, the CCC Content, or any other information transmitted in connection with the use of Quick Estimate. YOU EXPRESSLY AGREE THAT YOUR USE OF QUICK ESTIMATE IS AT YOUR SOLE RISK. QUICK ESTIMATE, THE THIRD PARTY CONTENT AND THE CCC CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU ARE USING QUICK ESTIMATE, THE THIRD PARTY CONTENT, AND THE CCC CONTENT AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WESTFIELD AND CCC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT QUICK ESTIMATE, THE THIRD PARTY CONTENT, AND THE CCC CONTENT ARE MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT DEFECTS WILL BE CORRECTED, THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH QUICK ESTIMATE, OR THE SERVERS USED IN CONNECTION WITH QUICK ESTIMATE, ARE OR WILL REMAIN FREE FROM ANY VIRUS, WORM, TIME BOMB, DROP DEAD DEVICE, TROJAN HORSE, OR OTHER HARMFUL COMPONENT, OR THAT THE USE OF QUICK ESTIMATE, THE THIRD PARTY CONTENT AND THE CCC CONTENT BY YOU IS IN COMPLIANCE WITH LAWS, OR THAT YOUR INFORMATION TRANSMITTED IN CONNECTION WITH QUICK ESTIMATE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE QUICK ESTIMATE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR QUICK ESTIMATE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

Limitation on Liability

IN NO EVENT WILL WESTFIELD OR CCC, THEIR RESPECTIVE AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE , OR INABILITY TO USE, QUICK ESTIMATE, THE THIRD PARTY CONTENT, AND THE CCC CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, IN NO EVENT SHALL WESTFIELD OR CCC, THEIR RESPECTIVE AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, LICENSORS SUPPLIERS, SUCCESSORS, AND ASSIGNS, BE LIABLE FOR DAMAGES, LOSSES ,AND/OR CAUSES OF ACTION EXCEEDING THE AMOUNT, IF ANY, PAID BY YOU FOR USE OF QUICK ESTIMATE OR $100.00, WHICHEVER IS LESS.

Intellectual Property

Westfield, Westfield Insurance, Westfield Group, and all Westfield logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Westfield or its affiliates or licensors (the “Westfield Marks”). CCC, CCC Mobile, CCC ONE and the CCC logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CCC or its affiliates or licensors (the “CCC Marks”). Other than the Westfield Marks and the CCC Marks, all other names, logos, product and service names, designs, and slogans in connection with Quick Estimate are the trademarks of their respective owners (the “Third Party Marks”). The Westfield Marks, the CCC Marks, and the Third Party Marks are collectively referred to as the “Marks.” The Marks may not be used by you without the prior written consent of CCC or the applicable trademark owner. Nothing in Quick Estimate should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Westfield Marks, the CCC Marks, or copyrighted materials without Westfield’s prior written permission. None of the Westfield Marks, the CCC Marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to Quick Estimate or otherwise, without Westfield’s prior, written permission.

Quick Estimate and the CCC Content is intellectual property owned, controlled and/or licensed by Westfield or CCC, or intellectual property that Westfield and/or CCC is legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect Westfield and CCC’s rights in and to Quick Estimate and the CCC Content. No portion of Quick Estimate or the CCC Content may be reproduced in any form or by any means, except as permitted in this Agreement.

Not Professional or Investment Advice

The information available on Quick Estimate is intended to be a general information resource regarding the matters covered, but is not offered as insurance, investment, legal, accounting, tax, or other professional advice, and it is not tailored to your specific circumstance.

Not an Insurance Contract

The information provided on Quick Estimate is provided only as a general description of our services, products, and coverage. It does not include all of the benefits, conditions, limitations, and exclusions that may apply to your insurance policies and services. Only a written policy, providing the precise coverage and terms and conditions constitutes a contract. For complete details of the coverage provided by your policy, please be sure to read the contract, including all endorsements. If you have any questions, please contact your insurance agent.

Not Intended for Children

Quick Estimate are not intended for children. You affirm that you are at least eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Choice of Law, Jurisdiction; Arbitration

This Agreement and your use of Quick Estimate are governed by and construed in accordance with the laws of the State of Illinois to the exclusion of its conflict of laws rules. Any dispute, claim, case or controversy, whether in tort, contract, statute or otherwise, arising out of or relating to Quick Estimate shall be resolved by binding arbitration. By using Quick Estimate, you signify your consent to arbitration in Chicago, Illinois.

This Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. No arbitration will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any disputes regarding arbitrability, the scope of arbitration or the arbitrator’s jurisdiction will be decided by the arbitrator. The arbitration will be administered by either (a) the American Arbitration Association under its Commercial Arbitration Rules, or (b) JAMS Dispute Resolution Experts under its Comprehensive Arbitration Rules. The arbitration will be conducted by a single arbitrator in English in Chicago, Illinois. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. This Agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation in any court having jurisdiction. If any part of this paragraph is deemed illegal, unenforceable or invalid, then that portion will be severed and it shall not operate to invalidate any other portion of this paragraph.

BY AGREEING TO THIS ARBITRATION PROVISION, THE PARTIES UNDERSTAND THAT THEY ARE WAIVING ANY RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL AS WELL AS ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR IN CLASS ACTION PROCEEDINGS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

This Agreement and Westfield’s Privacy Promise constitute the sole and entire agreement between you and Westfield with respect to Quick Estimate and the CCC Content and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to Quick Estimate and the CCC Content.

Modification of this Agreement

Westfield may change or modify this Agreement or any other terms, conditions, or policies related to the use of Quick Estimate (including those identified in this Agreement) at any time and at its sole discretion by posting revisions on Westfield’s website (www.westfieldinsurance.com) or within Quick Estimate. Continued use of Quick Estimate following the posting of these changes or modifications will constitute your acknowledgement and agreement to such changes or modifications. If you do not agree to or cannot comply with the Agreement as modified, you must stop using Quick Estimate.

Waiver and Severability

No waiver by Westfield of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Westfield to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Third Party Beneficiary

CCC is a third party beneficiary under, and shall have the right to enforce the terms and conditions of, this Agreement. Except for CCC and Westfield and CCC’s service providers, licensors, or others involved in creating or providing Quick Estimate, nothing herein, express or implied, shall give or be construed to give any rights hereunder to any third party.

Assignment

Westfield may assign or delegate this Agreement and/or Westfield’s Privacy Promise, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement or Westfield’s Privacy Promise without the prior written consent of an authorized agent of Westfield, and any unauthorized assignment and delegation by you is ineffective.

Legal Notice

Certain portions of Quick Estimate is owned by Autodata, Inc. dba Chrome Data; ©1986-2018 Autodata, Inc. dba Chrome Data. Certain portions of Quick Estimate are owned and licensed through Sightcall, Inc.